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Debt-collection-legislation

legislation

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Name of Act Discription of Content
Attorneys ActThe Act regulating the attorneys profession.
Broad Based Black Economic Empowerment ActHow BBBEE works and the determination of levels of compliance
Code of Conduct for Debt CollectorsThe minimum statutory standards of ethics.
Companies ActIf you have a legal entity... or you are a decision maker within a company... this is a must read!
Constitution of South AfricaWell, its the CONSTITUTION
Consumer Protection ActCosnumer rights
Contingency Fees ActAct regulating when an attorney may work on a contingency fee (commission basis) and maximum amount  of such fees
Cross Border Insolvency ActRights/obligations of parties in liquidations/sequistration and procedures, including recovery procedures where one party is in SA and the other abroad.
Debt Collectors ActThe act governing the debt collection industry.
Domicile ActRight to chose a domicilium address and effect thereo
Enforcement of Foreign Civil Judgements Act Rights/obligations of parties in enforcing judgements obtained in other countries in SA
Insolvency Act Rights/obligations of parties in liquidations/sequistration and procedures, including recovery procedures
Interpretation Act Basic principles applicabl ein interpreting official documents such as acts, regulations and contracts.
Magistrates Court ActLegislation governing procedure in magistrates courts as suplimented by the Magistrates Court Rules 
Magistrates Court Rules This document contains the rules of practise in magistrate courts.
National Credit ActThe act dealing with various aspects from the granting of credit to enforcement or credit agreements.
PAJA ActThe act gives effect to the right to administrative action that is lawful, reasonable and procedurally f fair and to the right to written reasons for administrative action. 
Prescribed Rate of Interest ActDetermiination of rates of interest applicable in secured and unsecured debt where contrcat does not provide for interest.
Prescription ActContains the terms of prescription of debt and the interruption of prescription.
Protection of Personal Information ActAlthough the act has been written into law an effective date for the implementation of the act has not yet been announced.  Also refer to the article: Protection of Personal Information Bill.  What it means for law practices.  This article is directly applicable to debt colelction practices as well.
Right of Appearance in Court ActWho may appear in court in representing third parties.
Sheriffs ActRights and obligation of Sheriffs serving court process and executing judgements etc.
Small Claims Court ActAll you need to know about processing matters through the Small Claims Courts
Supreme Court ActProcedural aspects of processing a matter through the High Court.


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